Ebele and Moses, I think we are speaking on the same script here, only different arrangement of thoughts. There is no country that is free from violating the rights and freedoms of human rights defenders. Even the most progressive countries. Snowden and Assange quickly comes to mind. But I don't remember a US company refusing data request from a court of competent jurisdiction (Read a US court). The company can go through all appeal mechanisms but when final ruling is made, they usually accent to the ruling. There are exceptions like Lavabit which opted to fold it's operations than hand over information the clients had entrusted it with. I also remember when Blackberry was placed between a rock and a hard place during the 2011 England riots, Research in Motion assisted British police in tracking rioters who used BBM, stating, "We comply with the Regulation of Investigatory Powers Act and co-operate fully with the Home Office and UK police forces." There is a series of reports that CIPESA has authored, with collaboration with partners like Kictanet that shows data requests from African countries to the Silicon valley blue chips. As far as I know, non was ever accented to. Moses, I'm generalising "silicon valley" because that is where most of the big boys come from. Of course Sype is owned by the guys at Redmond, and Blackberry from Ontario... You see here, the companies have to act with public interest in mind. Developing countries are frowned-at the many times their courts have asked for such data. Many of these countries are repressive regimes, and I don't necessarily support such requests. How do we handle such requests? I submit that the best option is to have international treaties on the same, but governments should not be left to their own devices. Some countries I cannot mention here are just terrible with their human rights records. Lets get something clear, I'm for protection of human rights defenders. And I'm for end to end encryption. Like what Lets Encrtpt is trying to achieve. I'm also for default encryption like what Google is doing with the new version of Android. My argument are based on the Manilla Principles on Intermediary liabilities spearheaded by Electronic Frontier Foundation and where Kictanet was part of the drafting team. If I'm not wrong, we said that all data requests should come with a court order. By the way EFF is one of the most prominent civil society organisations that are true to their word in protecting human rights and taking governments by the horn. This reminds me, just like Net Neutrality, Kenya does not have any meaningful legislation on Intermediary liabilities. Leo nimemwaga kizungu yangu yote. With all that good writing from Moses and Ebele. :-) On Dec 17, 2015 8:08 PM, "Ebele Okobi" <ebeleokobi@fb.com> wrote:
This statement is a bit under-informed. I am at Facebook now, but I was previously at Yahoo, where I led the business & human rights program, explicitly focused on ensuring that Yahoo¹s engagement with law enforcement was governed by human rights principles-the only organization of its kind. Companies like Yahoo, Facebook, Google subject requests from US law enforcement to rigorous assessments requiring that those requests are lawful and do not violate human rights. Companies also regularly push back on US law enforcement requests when the requests are not valid or over-broad.
This information can be easily gleaned from transparency reports, which all major tech companies publish. Most significantly, Yahoo also took the NSA to court, the only company to ever do so, explicitly because Yahoo refused to hand over user data. While that was the most serious case, in that it was a national security case, tech companies are constantly going to court in the US to preserve users rights to privacy. Now, from a legal perspective, the fact that a company is domiciled in a country, and the fact that the country has legal jurisdiction necessarily, from a legal perspective, means that the country has more authority over a company. That is just a matter of law, in the same way that, say, Safaricom is subject to far greater restrictions in Kenya.
Now, there is a very interesting conversation to be had about how to make global law enforcement requests work in a borderless context, and that¹s why Facebook and other tech companies are part of a working group to identify how to pilot a mechanism that both respects international human rights norms (not an easy thing, at all, by the way) and doesn¹t make our companies involuntary police, and that keeps people as safe as possible on line.
Links with more information- http://www.theguardian.com/world/2014/sep/11/yahoo-nsa-lawsuit-documents-fi ne-user-data-refusal http://news.yahoo.com/judge-orders-google-hand-over-personal-user-data-1825 26071.html https://transparency.yahoo.com/users-first/index.htm https://www.google.com/transparencyreport/userdatarequests/US/ https://govtrequests.facebook.com/country/United%20States/2015-H1/ https://www.dropbox.com/transparency/?_tk=mb&_camp=news&_ad=transparency-h1 -2015&_net=transparency
Ebele Okobi | Head of Public Policy, Africa m. +44 (0) 771 156 1315 2 Stephen St | London | W1T 1AN
ebeleokobi@fb.com
On 12/17/15, 1:33 PM, "kictanet on behalf of Mwendwa Kivuva via kictanet" <kictanet-bounces+ebeleokobi=fb.com@lists.kictanet.or.ke on behalf of kictanet@lists.kictanet.or.ke> wrote:
With all respect, have you ever seen how the Silicon Valley companies treat other countries with contempt especially when it comes to data requests? But when Uncle Sam asks for the information, they are given.
Therefore this debate should be more about finding a balance between privacy and the rule of law. This also falls under the broader cross border communication debate that has been raging especially in EU region and Russia. It's a tough nut I admit.
On 17/12/2015, Barrack Otieno via kictanet <kictanet@lists.kictanet.or.ke> wrote:
Great discussion,
Would be interesting to get the Communications Authority position on the same in light of recent statements issued by CBK on bit coins :-)
Regards On Dec 17, 2015 3:04 PM, "Ebele Okobi via kictanet" < kictanet@lists.kictanet.or.ke> wrote:
Of course-got it! I was focusing on the privacy issue, not the operator revenue issue. I do think it's interesting to think of the fact that operators themselves were disrupters. . .
Ebele Okobi | Head of Public Policy, Africa
m. +44 (0) 771 156 1315 <+44%20(0)%20771%20156%201315>
10 Brock Street | London | NW1 3FG
ebeleokobi@fb.com
[image: 6F376569-CC77-422B-BAD3-794055B1E02B]
On Dec 17, 2015, at 11:48 AM, Mose Karanja <mosekaranja@gmail.com> wrote:
Uber disrupted the taxi ecosystem so immensely that some taxi unions started attacks on Uber the company and Uber the product arguing they are taxed and licensed yet their new competitors are not taxed. They hope(d) the regulators would side with their argument. Some did some didn't.
The Uber-moment is thus (in my world) that point in the life of a disruptive product when the existing dominant player seeks favor from the regulators to block that which 'they can't understand'.
Cue in Bob Dylan's Times are A Changing :) On 17 Dec 2015 13:31, "Paul Roy" <roykoikai@gmail.com> wrote:
Ebele,
This is going to open a whole set of regulatory concerns around privacy vs. security.
Following this keenly!
Paul Roy.
On Thu, Dec 17, 2015 at 12:55 PM, Ebele Okobi via kictanet < kictanet@lists.kictanet.or.ke> wrote:
Uber moment? Tell me more!
WhatsApp is protecting the privacy rights of its users-here's a FB post from WhatsApp's founder, Jan Koum (btw, when you get a chance, look up his personal history. It gives a sense of why he is so passionate about the right to privacy.)
"We are disappointed in the short-sighted decision to cut off access to WhatsApp, a communication tool that so many Brazilians have come to depend on, and sad to see Brazil isolate itself from the rest of the world."
Ebele Okobi | Head of Public Policy, Africa
m. +44 (0) 771 156 1315 <+44%20(0)%20771%20156%201315>
10 Brock Street | London | NW1 3FG
ebeleokobi@fb.com
[image: 6F376569-CC77-422B-BAD3-794055B1E02B]
On Dec 17, 2015, at 9:42 AM, Mose Karanja via kictanet < kictanet@lists.kictanet.or.ke> wrote:
A Brazilian judge has ordered a 48 hour WhatsApp lockdown. The order claims WhatsApp refused to cooperate with Law Enforcement agencies on data handover. The harshness of the verdict is thus seen as a retaliation to show whois boss. However, there is the Telco Lobby pushing for regulation (that word again) of VOIP (WhatsApp calls) under the claim that Brazilians are no longer using voice calls and yet they are taxed for the spectrum which WhatsApp is not being taxed for since it is not classified as a Telco.
You can read more here (in Portuguese):
https://urldefense.proofpoint.com/v2/url?u=http-3A__www1.folha.uol.com
.br_mercado_2015_12_1719934-2Djustica-2Ddetermina-2Dbloqueio-2Ddo-2Dwh atsapp-2Dem-2Dtodo-2Dbrasil-2Dpor-2D48-2Dhoras.shtml&d=CwICAg&c=5VD0RT tNlTh3ycd41b3MUw&r=ArvepG4_wcNu_X9xi3nb_Xa9WsGLVfmK6mwPdVONOTE&m=6UZKq 8H6KDrVTaOQh_0kOsuMCWlU7MmaDt-7yL2JSR4&s=k1ZaIYHa7b4nQsE97V-mdP9uj1l9T 0oPVR0EpAR1F3s&e=
< https://urldefense.proofpoint.com/v2/url?u=http-3A__www1.folha.uol.co m.br_mercado_2015_12_1719934-2Djustica-2Ddetermina-2Dbloqueio-2Ddo-2Dw hatsapp-2Dem-2Dtodo-2Dbrasil-2Dpor-2D48-2Dhoras.shtml&d=CwMFaQ&c=5VD0R TtNlTh3ycd41b3MUw&r=ArvepG4_wcNu_X9xi3nb_Xa9WsGLVfmK6mwPdVONOTE&m=Mvsu ZVjTPjBi_OMkstBjZebmwW2P9xrTdd1VIdrRapo&s=OnNDfBrAmo3aYDs7JvN9XOyiRKbB tv7bCuSHwJOFACk&e=>
or here in English
https://urldefense.proofpoint.com/v2/url?u=http-3A__techcrunch.com_201
5_12_16_brazils-2Dcongress-2Dhas-2Dshut-2Ddown-2Dwhatsapp-2Dtonight-2D and-2Dthe-2Drest-2Dof-2Dthe-2Dsocial-2Dweb-2Dcould-2Dbe-2Dnext_-3Fncid -3Drss-26utm-5Fsource-3Dfeedburner-26utm-5Fmedium-3Dfeed-26utm-5Fcampa ign-3DFeed-253A-2BTechcrunch-2B-2528TechCrunch-2529-26utm-5Fcontent-3D FaceBook-26sr-5Fshare-3Dfacebook&d=CwICAg&c=5VD0RTtNlTh3ycd41b3MUw&r=A rvepG4_wcNu_X9xi3nb_Xa9WsGLVfmK6mwPdVONOTE&m=6UZKq8H6KDrVTaOQh_0kOsuMC WlU7MmaDt-7yL2JSR4&s=zsGZfCg07SsZpvbxy8rVVY_1mKzcyDFPGaHKtK-RVFI&e=
< https://urldefense.proofpoint.com/v2/url?u=http-3A__techcrunch.com_20 15_12_16_brazils-2Dcongress-2Dhas-2Dshut-2Ddown-2Dwhatsapp-2Dtonight-2 Dand-2Dthe-2Drest-2Dof-2Dthe-2Dsocial-2Dweb-2Dcould-2Dbe-2Dnext_-3Fnci d-3Drss-26utm-5Fsource-3Dfeedburner-26utm-5Fmedium-3Dfeed-26utm-5Fcamp aign-3DFeed-3A-2BTechcrunch-2B-28TechCrunch-29-26utm-5Fcontent-3DFaceB ook-26sr-5Fshare-3Dfacebook&d=CwMFaQ&c=5VD0RTtNlTh3ycd41b3MUw&r=ArvepG 4_wcNu_X9xi3nb_Xa9WsGLVfmK6mwPdVONOTE&m=MvsuZVjTPjBi_OMkstBjZebmwW2P9x rTdd1VIdrRapo&s=zPUHNKuMHDnEiDYedr_bvXqCA2c6fw_35PpqcK_4riI&e=>
An Uber-moment for WhatsApp. --- Moses Karanja | @Mose_Karanja
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The Kenya ICT Action Network (KICTANet) is a multi-stakeholder platform for people and institutions interested and involved in ICT policy and regulation. The network aims to act as a catalyst for reform in the ICT sector in support of the national aim of ICT enabled growth and development.
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